Veterans return from war to find jobs gone

Members of the National Guard and Reserve sign up to serve our country as needed, and when they return home many expect to find their civilian jobs waiting for them.

Unfortunately, that’s not always the case.

Tim Hack

Adrae Evans with his daughter Ariel, wife Kristin, and son Gabe, before his 4th deployment.

Andrae Evans was an insurance sales manager and a member of the New York Army National Guard in 2004 when he was deployed to Iraq. When he was released from active duty in 2006 his former employer, MassMutual Financial Group, would not reinstate him to the position he left behind.

“I hoped to work things out with MassMutual and believed, wrongly, that they would do the right thing,” said Evans, who's been unable to find work and recently took on a temporary National Guard assignment. He is now in Bagram, Afghanistan, and is suing MassMutual. The company says they were not required to reinstate Evans because he was an independent contractor, not an employee.

In another case, a prosecutor for the Baltimore City State’s Attorney’s Office, Andrew Gross, signed up for the U.S. Army Reserve in 2009, and when he returned from a six-month military training program found his job wasn’t waiting for him when he returned.

“I was told I’d have to go to the back of the line to get my job back,” said Gross, who sued the State’s Attorney's office and settled the case late last year.

Mark Cheshire, a spokesman for the state’s attorney’s office, said the new state's attorney inherited the case from his predecessor and moved “to resolve the matter in an equitable fashion" when he took office.

National Guard and Reserve soldiers have faced numerous deployments and calls to duty during the years of war over the past decade, and many have returned to find they no longer had jobs they expected to return to. Some contend they have faced discrimination on their return, or retaliation for their military service.

Complaints brought under the law have escalated in recent years, mirroring the number of guard and reservists returning to their civilian lives.

Employer Support of the Guard and Reserve

Number inquiries from vets regarding USERRA and total number of cases taking on by the government.

According to data from the Employer Support of the Guard and Reserve, inquiries under the law started to skyrocket in 2010, more than doubling to 34,612, compared with a year earlier. The number of Guard and Reserve members who came off active duty during 2010 also spiked to 91,931 from 48,702 in 2009 before dropping to 45,968 last year, according to the Defense Department.

The number of USERRA complaints also dipped to about 30,000 in 2011, and shows signs of leveling off so far this year. But many veteran advocates expect the problem to continue as the drawdown from Afghanistan proceeds.

“I think as the wars have gone on it has challenged, both spiritually and pragmatically, civilian employers' approach to USERRA,” said Ward Carroll, editor of the Military.com website and blog.

While he’s empathetic to employers who’ve had to function without key employees during their deployments, he stressed the importance of complying with the law.

“It’s part of your duty as an American employer to comply with USERRA and help citizen soldiers,” he said. “Between now and 2014, these challenges to USERRA will continue.”

Steven D. Silverman, the attorney who represented Gross in his suit against the Baltimore City State’s Attorney, said he’s seen a doubling in USERRA claims in his practice over the past year. “I attribute that to the economy and ignorance of the law by employers,” he said.

Indeed, a March survey by Iraq and Afghanistan Veterans of America found that nearly 40 percent of veterans polled felt their employer didn’t have enough information about their rights under USERRA.

Gross said he doesn’t believe his managers wanted to undermine military service. “I think if they had an understanding of the law this wouldn’t have happened,” he said.

In the case of Evans, who worked for MassMutual, his complaint is that he was not reinstated in the higher position he got before being deployed, said Michael Macomber, an attorney with Tully Rinckey who is representing him. The law, he noted, doesn’t just call for hiring employees back, but also keeping them in a similar position.

MassMutual said in a statement it is “fully complying” with USERRA and will “vigorously defend” its position in court.

A tight job market has exacerbated the problem in recent years, agreed government officials and legal experts. The unemployment rate among veterans who've been on active duty since September 2001 was 12.1 percent in 2011, compared to 8.2 percent overall, according to the Bureau of Labor Statistics.

Of course while business conditions may change, most employers want to do the right thing and comply with the law by hiring back returning veterans.

“I believe our employers by an overwhelming vast majority are living up to their responsibilities under USERRA," said Ronald Young, director of family and employer programs and policy in the Pentagon’s Office of Reserve Affairs.

While Young acknowledged some of the uptick in USERRA complaints might have resulted from employers skirting the law, a big chunk had to do with better tracking of cases and more outreach to employers and employees by the government.

His agency recognizes employers that do a good job supporting National Guard and Reserve members by awarding them the Freedom Award. This year Intel Corp. made the list.

Courtesy Mark Miera

Mark Miera

“We have tools in place to help managers fill temporary positions for whatever reason the position is open,” said Lisa Malloy, a spokeswoman for Intel, which employs 100,000, including about 3,000 who have been in the military.

Mark Miera, 43, a National Guard member in New Mexico who’s worked for Intel for 18 years, has had two deployments since 9/11, including a stint in Afghanistan that ended in December.

When he was overseas colleagues messaged him about a position as manager of construction at Intel, and before he came back to work he ended up with a promotion.

“Intel has always moved beyond the requirements of the law,” he said. “They don’t question protecting veterans returning from war and their positions.”

(For more on this issue, join a live web chat Wednesday at noon ET with Randy Plunkett, Military.com's government relations and community director. Click here to join the chat.)

Discuss this post

War is good for the corporations but not too good for the people asked to fight it.

You took an oath to protect the constitution from all enemies foreign and DOMESTIC. The constitution has been made null and void by foreign emissaries (dual citizenship Israeli's working for US government )and their domestic puppets. POTUS and the congress and Senate.

Maybe your new job should be restoring the Republic from the traitors? They trained you on how they deal with things they do not like. Iraq,Pakistan,Libya,Afghanistan they are trying to get your bothers and sisters into Iran too.

Now use that training against them to retore liberty and the Constitution?

Veterans in the South Florida area, we've been trying to extend some decent jobs to you, but no one seems to notice or care...we're in Deerfield Beach, please reach out to see if there's a fit? (resumes@edideas.com) We're trying...have been for a while with press releases, and by working with local veterans organizations, so far not one single resume :-(

This is more proof that those of wealth and power enjoy the benefits of war while those who actually do the fighting are kicked to the curb when they return. The majority of the wealthy always avoid fighting for our country and some like Romney will do what ever it takes to avoid being drafted. Corporations only care about the bottom line which is to make more money than they will be able to spend so they can buy control of our democracy. Wake up America, the writings on the wall and if we allow the Corporate puppets of the Republicans party be elected into power then we have given our country to those of wealthy to further destroy the working class and turn our country into another 3rd world.

Nanny state? It sounds more like we need a muscular central government to keep greedy, un-patriotic oligarch businessmen from using their position to take advantage of workers. Or a good union. Remember unions? They would handle crap like this. One jerk boss and POOF! his whole workforce is on the street picketing until their rights are restored. You know, The AMERICAN WAY.

Mostly because our congress does not really care they are making money and they play lip service to the Veterans of this war and the wars past. They really need something to wake them up and help the veterans of the wars that put them in the office they serve in.. If all the veterans and the ones still serving would vote them out maybe they would get the HINT!!!!

Never mind who was supposed to end the wars, focus on who started the wars and why. These men would all have their jobs, if not for President Bush and the neocons who planned and sold the war.

Even now, the Zionists, along with their republican and some Democrat supporters are planning another war, this time in Iran.

All the relatives of veterans, dead and alive, should remember who called for the wars, which media and which politicians. They said it would be a "cakewalk".

Zionistwarmongers like Ken Adelman and the Zionist Washington Post pushed the war inan editorial titled, “Cakewalk in Iraq.” Jewish supremacists Richard Perle andPaul Wolfowitz told you that Iraq would “Welcome us as liberators.” Iraq becamethe longest war in American history. Here is a report from USA Today: “Pentagonofficials estimated for the first time Wednesday that up to 360,000 Iraq andAfghanistan veterans may have suffered traumatic brain injuries.” Now that’snot counting tens of thousands who have suffered maiming, amputations, or deathin this war based on lies.

RAlph H----You lost me when you started screaming Zionist". When you have something intelligent to say try again!

I love it when some of you blame all the "rich" Republicans for the problems and totally ignore the equally "Very Rich" Democrats out there doing the same thing.

What we need to do is bring back the draft for a standing military and stop using the National Guard and Reserves in place of the regular military. They are for emergencies that face our nation, not for constant combat.

These employers that do not keep these jobs for our military members are traitors as far as I am concerned and their leaders should be drafted to see how it feels.

Draft? Draft for what? These pointless wars? Sorry that is the worst idea in a sea full of bad ideas. Yea, let me give POTUS, Congress and The Senate the right to send whoever they want overseas to pad the pockets of the defense industry and Wall Street! Great idea.

"Everything that a gun can accomplish in the Middle East, has been accomplished!

i know it is the law that returning GI's get their job back. these companies are actually breaking the law by not returning these veterans back to their old jobs. how about prosecuting and giving these companies hefty fines and even jail time for their ceo's.

The GOPers use the military and the defense department to stroll about their lonely and luxurious mansions strutting like Cocks of the world. While the common man fights the battles, the rich never enter the field of battle - check out W Bush and his cowardice and that of Cheney, another dodger and the Swift Boat attackers, it was Kerry who put his ass on the line in Vietnam and then returned to criticise a war that never should have been fought, just like Iraq. When the soldiers return there are not Republicans to meet them with hobs in hand, nor support from the far right for the VA and its services. The GOPers want life in the US to resemble Sparta, and look how long Sparta lasted - not very long. I am ashamed of our Congressmen for not insuring a heroes welcome for the boys who went off for more than one deployment while the Cantors and the Boehners and the McConnels sat on their collective asses and lived high on the hog.

Don't be such a moron! I noticed you didn't say anything about Clinton's lack of service (in fact, he was convicted of draft-dodging but got a pardon from the gov of Arkansas). You didn't say anything about Obama's lack of military service. Bush was in the Air Guard - he served...he didn't serve in Vietnam but he served....there were hundreds of thousands of people who served in the military during the Cold War who never went to Vietnam...my father served 20 yrs in the military (from '54 to '74) but never went to Vietnam...he spent his time in Pakistan, Turkey, Afghanistan, Newfoundland, Germany, Morocco....Are you going to sit there and say because he didn't go to Vietnam that he didn't put his ass on the line? The only "pathetic patriots" I know come from the Dem Party and typically post on this blog in support of Obama!

What are you talking about? We are still in Iraq and because of an agreement signed by President Obama this year, there will be a few thousand troops remaining in Afghanistan until the year 2024. You think one political party or another decides who and when we go to war. President Obama's signature was on the documents for both the Iraq and Afghanistan wars. The war with Iraq began with the military strategies written up by the Clinton administration. The reason we are going to to be paying hundreds of billions of dollars a year to keep troops in Afghanistan is because that country borders Iran in preparation for that war. Don't confuse the set-up with not being a part of the slam-dunk!

It's sad reading comments from the corporate warmongering right. I can't believe how why they have to manipulate the truth but then I know that's the only way they can make others seem bad. Do those on the right know how to read or do they just ignore the facts. I'm retired and have always voted for what is best for our country but since we elected a black president, the snakes on the right have crawled from under their rocks and shown us that racism is still very strong in our country and the new KKK is headed by those of wealth and their sheepish followers. Come November we need to show those on the right that we will not allow them to sell our country to the highest bidder. We who really believe in equality for all Americans have one chance to kick those haters to the curb so don't let our country be bought.

WILLIAM SMITH So glad you brought up the swift boat B.S. and what they said about KERRY he was a war hero. BUT half of the idiots out there believed the B.S.Just like now they wont find out what is in the RYAN budget plan.Before they VOTE.

I wonder how many deeply southern & republican type guys went over to fight & had their whole perspective turned on the Republican party. To go over there & see friends blown up then come home & its business as usual; only with someone else working their job for less money. That must hurt. But to not fight would allow terrorists to get the thought in their head to come over here.

You are "right On" Bush never served a day in vietnam or in any support position. People who tried to get in the air national Guard had to wait a year or more, but not Bush his family and his father and the Old Man Prescott Bush got him in the Air national Guard in one day. They also made sure he was assigned a plane that was never to be used in Vietnam for any reason. Cheney got "five" deferments so he would never have to serve in the military. Yet when they could find no evidence that Iraq had any nuclear weapons (how could they Israel had bombed the Iraq Nuclear reactor at OSIRAK ( in Iraq) years earlier, effectively destroying Iraqs nuclear program) Cheney boasted "We're gonna have a war". Yet he was never willing to fight in any war. Saddam Hussein and his two sons were preparing to leave Iraq and get to another country when , the order to start the war was given. Who made the most money off the unnecceary war? Halliburton (Cheneys company, the maker of cruise missiles (all of which had to be replaced) , and many other defense contractors for a war that accomplished nothing other than to spend $ one trillion dollars that the US did not have. The US may very well end up going the way of the Soviet Union which was unable to even pay its military members and could not get their ships to leave port. When you're government is controlled by a military-Industrial complex like the US government is, the procurement and spending on unneeded equipment and the lack of any viable or visable threats it is only a matter of time before our economy falls apart and China prevails as the new world power. Shipping practically all of the US Machine Tools and Technical Data and Processes to China along with all the formerly held by americans Jobs to China is a recipe for disaster. The US Government is worried about "leaks" of intel, and it is spending billions on operating its 17 intel agencies and for what. Before long the US will be second rate power unable to compete economically or military with the rest of the world.

Through the proper and correct use of the Constitution the government can be dissolved and not a shot fired . Of course it will take a lot of arm twisting to do it . Kind of like climbing mount Everest bare foot, but it can be done. Our founding fathers were smart enough to plan for the possibility of a need to establish a new government because the old one was not working for the people .

It really does not matter how it happens but the corrupt, the puppets and the traitors. The Criminal PRIVATE Banksters, ALL OF THEM have to be arrested and tried for treason. Use GITMO and those FEMA camps for Justice not tyranny.

Mass Mutual is probably legal in the first case of thew article. Employers have been screwing workers under the auspices of "independent contractor" for decades now and it's getting worse. Unfortunately, many have willingly gone into the independent contractor realm. At forst they thought they were entreprenuers ! Then they thought it was cool !. Like being on facebook. Employers use that against you now. You all run like a herd into these things and a corporate lawyer simply uses it to hook you. Since the corporations own the gubmint, do not look for your congressman to go to bat for you either.

Note to anyone about to deploy: Simply explain to your supervisor you are leaving for service and remind them of their responsibility under the law by providing a copy of the law and get upper management to sign a notarized receipt. That will be your reinstatement contract upon your return. Preemptive strike. Leave the lawyers out of it. Take the initiative. Saves headaches down the road.

Ess Vdb, giving them a copy of the law (ESGR) is alway a good thing, not so much a notarized receipt, but as long as the company has a copy of the service members deployment orders, showing the deployment dates, which the member should know to give them, the company does not have a leg to stand on when the member returns.

Intel seems like they do it right. Another company that did it right back in the 70's was Giant Food Inc. in Maryland. i was the manger of a store when i was drafted. when i returned from my Military service i not only got my job back but a bigger better store to manage. They appreciated my service and helped me get back into civilian life.

I just love (uh, sarcasm) it when people try to blame something happening that they don't like on some vast conspiracy by a particular grouping of people. In your case, it's the "Blame the Jews" nonsense. By any chance, are you a member of Mel Gibson's "church"?

no one said anything about jews, not all jews are Israeli and we as the people have a right to know why we are fighting israels wars for them. Why is Israel influencing our domestic and foreign policy? would it be ok with you if it was any other foreign national group? would it be ok if it was saudi arabia doing this?

I don't believe in the make believe thats why i am not religious. I could care less if the Jews or the muslims or the christians want to die for their beliefs.

When people refer to the Mafia it is understood that they are probably talking about italians. Does that make all Italians bad?

The world is controlled by a Jewish Mafia, The truth is hidden or labeled a conspiracy to protect that organized crime syndicate. The mass murder of all the poor working class martyred Jews during ww2 only help the Criminal Jews in their control.

Who owns the private Banks that control the planets monetary polices?

Sure ain't itailians.

“The men that American people admire most extravagantly are the most daring liars; the men they detest the most violently are those who try to tell them the truth.” HLMencken

"And remember, where you have a concentration of power in a few hands, all too frequently men with the mentality of gangsters get control. History has proven that."

John Dalberg Lord Acton

This time in Histroy it is the Jewish Gangster in Control.

"TRUTH is the enemy of the STATE"Paul Joseph Goebbels was a German politician and Reich Minister of Propaganda in Nazi Germany

“Truth hurts. Maybe not as much as jumping on a bicycle with a seat missing, but it hurts.”

William Root.... Any company that would hire an undocumented worker over a U.S. Veteran doesn't deserve to conduct it's business on U.S. soil. Use common sense, most veterans have skills and education that will place them ahead of workers on a 2 year visa.

If American corporations followed the law, those returning from deployment would return to their jobs.

Some famous GOP Chickenhawk draft dodgers: Dick Cheney,Rush Limbaugh+Mitt Romney to name a few. oh I forgot Rush had that big pimple on his ass,which migrated to his mouth! I served,these yellow,Chickenhawk cowards swerved! How come NONE of Romneys sons never served? Yellow cowards like him! The wealthy GOPers love to start wars,but never serve!

Politics aside being neither dem nor rep. why do companies need laws in place to do right by their faithful and to be admired employees who are protecting not only the USA but all democratic countries around the world.

These businesses could bring bundles of good PR by publishing and letting the public know their employee and or employees returned safely from war and to welcome everyone to come by and give their greetings. In a down economy a feel good story brings out the best in people and their wallets.

Thanks to all those not only in the US but to all the soldiers world wide who are putting their lives on the line for world to be a better and safer place.

Many of these employers that screw our military personnel when they return are the same companies that send American jobs overseas! And the GOP backs them 100%. Remember corporations are people! People with no morals and no soul,plus they are unpatriotic!

This is a crime, plain and simple. Typical big business. I say there should be a class action and these soldiers make em hurt enough to never have to work again! Johnny suit should realize who the true heroes are!!

The number one goal of any enitity, be it a person, or a corporation is to perpetuate themselves. If it wasn't they wouldn't exist.

Businesses and corportations cannot survive unless they have a product people want, have the quality people find acceptable at price people are willing to pay (usually the lowest price).

If there is no demand, there is no reason to produce. If there is no reason to produce, they cannot just pay people for existing, because they will run out of money and be broke themselves.

They can only make more money, if they can produce more and sell it. To produce more, they must use the best application of technology AND hire more people. People won't stay unless they can make a living.

You have fallen to the false ideology of Marx. Marx ideology was a carefully crafted system that enslaves people emotionally and mentally in order to control them.

In the communist manifesto, it promotes communism (with socialism as the route to communism) as the moral goal of a society. It says that capitalism is so corrupt that the system will collapse when people get tired of it's evil.

What isn't in the Manefesto is how to Marx thought to prod society to reject capitalism. These points include

1) equating capitalism with the destruction of our environment. Half truth. SOME capitalists may simply disregard the environment, but the communists totally disregard the environment altogether. Name one communist society that is better than a capitalist based society on the environment.

2) Greed of capitalism creates a gap between the rich and the poor. Half-truth to total Lie. Marx deliberately confuses Aristocracy with Capitalism. In Aristocracy, you can never move up, so the wealthy get richer and the poor stay just as poor as when they were born. In Capitalism, If you are motivated you can be the poorest slob in the world and become the richest. And when you rise in wealth you bring a lot of people with you.

Over 56% of all millionaires in the US were born poor found their own way to the millions (Bill Gates, Steve Jobs, Warren Buffet). Many rich do not give their kids the wealth, they must earn it. Others like Mitt Romney only take the Education their parents provide and make their own fortune. Mitt became so wealthy on his own, he gave his Dad's entire estate to charity.

Most businesses and corporations are not pulling any strings in Washington DC. And from observations, most give money hoping that the policies of the politician they contribute to will provide at least a reasonable policies that will allow them to work profitably.

When the economy crashed they supported Obama and the democrats.

Since the economy is stagnant, they are going to support the Republicans now

What flavor of kool-aid do you like? You explained how capitalism works now explain how our free enterprise crony capitalism works?

What are the odds that 1 in 330 million through hard work will become the largest shareholder of the PRIVATE BANKING SYSTEM known as the FEDERAL reserve? ZERO as you first have to con everyone into believing that you should control the nation's money on behalf of the government puppets you employee.

“Whoever controls the volume of money in our country is absolute master of all industry and commerce…and when you realize that the entire system is very easily controlled, one way or another, by few powerful men at the top, you will not have to be told how periods of inflation and depression originate.” – President James Garfield, 2 weeks before his assassination.

Who controls the food supply controls the people;who controls the energy can control continents;who controls the money can control the world.Henery Kissinger, 1973

First of all the Federal Reserve is an INDEPENTDANT Agency and that means basically that there is NO other agency of government which can OVERRULE actions that we take. Alan Greenspan Federal Reserve Chairman

“If one understands that socialism is not a share-the-wealth program, but is in reality a method to consolidate and control the wealth, then the seeming paradox of super-rich men promoting socialism becomes no paradox at all. Instead, it becomes logical, even the perfect tool of power-seeking megalomaniacs,” explained the late Gary Allen. “Communism or more accurately, socialism, is not a movement of the downtrodden masses, but of the economic elite.”

“Truth hurts. Maybe not as much as jumping on a bicycle with a seat missing, but it hurts.”

The more they change the more they remain the same. In the late 60's I was working for a large bank and was in a management training position. I was drafted and when I returned the bank gave me back my old job but made it plain to me that they didn't really need me. They told me the management training position I was in was no longer open to me as I withdrew from it. They didn't care I was drafted and had to withdraw. Shortly after that I left the bank and started over with a different company.

Just another example of where the recourse and penalties for White Collar crime are a joke...

The only recourse and penalty for the victims is to sue the former employer for violating the law...

White Collar crime needs to be handled just like any other crime... it needs to be a felony and the punishment needs to be stiff prison sentences...

Take the management staff at MassMutual who violated the law... manager, director, VP, CEO... all the way up the chain of command and put them in federal (not country club!) prison for 10 years...

Corporate America treats White Collar crime as a cost of doing business... Just pay the fine or settle the lawsuit and move on... Only when we start sentencing the people who actually commit the White Collar crimes to prison will we see a decline in these types of crimes...

Remember a corporation is not capable of committing a crime... only the people who are in charge at the corporation can commit a crime... we need to start holding these criminals accountable for their actions/decisions...

so true vinca but as long as they keep being allowed to buy the politicians ( both republican and democrat) you will never see that happen. we need stiff campaign funding reform. stiff anti lobbying laws as well. when you look at the net worth of these politicians going into office and then the net worth after they serve a term it is disgusting. i mean how do you all of sudden go from being worth 500k to multimillions in only serving a few years in congress while making less then a 100k a year. you do it by being corrupt!

this is nuts!! we should be doing all we can to support these guys and gals that risk it all for us, I recently made a job offer to a 19 year old kid who had just finished with basic training and needed something to do until assignment, I knew it was not going to be a long term deal but went the extra mile to help him out, not a real hard thing to do and also the least I could do.

The veteran's jobs are gone because Obama gave them to the illegal immigrants he let into America. Nice guy, right? It's time to vote Obama out of office because he only caters to illegals and not the American people.

Get off your political soap box. Obama didn't "let them in"; we've had immigration issues for decades. You claim Obama does nothing for the American people? Really? You must be ignoring the news on a regular basis, or you tune solely to FOX.

Obama's executive order ends the deportation of undocumented immigrants that were brought to the U.S. while under the age of 16, have lived in the U.S. for 5 consecutive years, have no criminal background, have graduated from a U.S. high school or served in the U.S. military. It grants them a two year work visa, not citizenship. This was done to give Congress more time to do the right thing.

G. H.W. Bush pushed for immigration reform, and passed out amnesty to 4.6 million illegal immigrants. Get your facts straight.

If they have green cards and work permits, they're not illegals. They get to do legal things, like pay income taxes.

I don't think Obama goes quite far enough allowing those who served in the military a temporary reprieve from deportation. Service in the US military should result in a certificate of US citizenship being included with your Discharge Under Honorable Conditions. Not just your job back.

den serving a term in service does give citizenship to an immigrant. the sad thing is that is not actuall change. It just goes to show how they are doing propaganda for obama on a law that has been around since the 1800's. this law was passed and pushed thru by Abraham Lincoln during the start of the civil war. many irish immigrants getting off at ellis island enlisted in the army to recieve their citizenship for themselves and their family members. it is sad how soon we forget our history and the existing laws still on the books from our yester years.